1545* Southeast Drilling IFB 11/12-17 Pmt & Perform Bonds2 � � S
Wednesday, November 14, 2012
PURCHASING DEPARTMENT
RANSMi'TrAL M EM ORANDUM
To: City Clerk
RE Southeast Drilling Services, Inc 11 11/12 -17 Payment and Performance Bonds
The item(s) noted below is /are attached and forwarded to your office for the following action(s):
❑ Development Order Mayor's signature
❑ Final Plat (original mylars) Recording�'� "���.�,
F Letter of Credit El Rendering
❑ Maintenance Bond Safe keeping (Vault)
❑ Ordinance ❑ Deputy City Manager
❑ Performance Bond ❑ Payment Bond
❑ Resolution ❑ City Manager Signature
❑ ❑ City Clerk Attest /Signature
Once completed, please:
® Return originals to Purchasing
❑ Return copies
Special Instructions:
Safe keeping
I
Marisol Ordoiiez
From
lk -,-- /C�)
Date
T: \Dept forms \City Clerk Transmittal Memo - 2009.doe
PROJECT NO. IFB 11/12 -17
Bond # 929452628
SECTION 00610
PAYMENT BOND
M
N
KNOW ALL MEN BY THESE PRESENTS: that
Southeast Drilling Services, Inc.
N (Name of CONTRACTOR)
M
a
w 10614 E US Highway 92 Tampa, FL 33610
- 6 (Address of CONTRACTOR)
w
Cd a Corporat hereinafter called
(Corporation, Partnership or Individual)
Principal, and Western Surety Company
(Name of Surety)
Cd
Cd
a P.O. Box 5077 Sioux Falls, SD 57117 -5077
Z (Address of Surety)
0
0
hereinafter called Surety, are held and firmly bound unto 1) City of Sanford, Florida
o hereinafter called OWNER, in the full and just Sum of two hundred sixty seven thousand two
hu ndred dollars & 00 /x )DOLLARS ($ 267,200.00 ) in lawful money of the
United States, for the payment of which sum well and truly to be made, we bind ourselves,
o successors, and assigns, jointly and severally, firmly by these presents. The sum shall not be
less than one hundred ten percent (110 %) of the Contract Price.
U
THE CONDITION OF THIS OBLIGATION is such that whey as t e Principal entered into a
A
certain Agreement with the OWNER, dated the day of , �� a
on a copy of which is hereto attached and made a part hereof for the construction of (2)
Hidden Lakes Well 7 Replacement, Solicitation Number IFB 11/12-17
CA
Cc
0 1) Name of owner -City of Sanford, FI
2) Name of Project identified in Instructions to Bidders - Hidden Lakes Well 7 Replacement
0
E The Surety shall be bound by any and all alternative dispute resolution awards and settlements
to the same extent as CONTRACTOR is bound.
v
A4
NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly make
o payments to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal
with labor, Materials, or supplies, used directly or indirectly by Principal in the prosecution of the
A Work provided for in the Agreement, then this obligation shall be void; otherwise, it shall remain
in full force and effect subject, however, to the following conditions:
Cd
1. This Bond is furnished for the purpose of complying with the requirements of
Section 255.05, Florida Statutes, as the same may be amended.
a
a�
ss.
a�
p� 00610 -1
PROJECT NO. IFB 11/12 -17
2. Therefore, a claimant, except a laborer, who is not in privity with the
CONTRACTOR and who has not received payment for his labor, Materials or
supplies shall, within forty -five (45) days after beginning to furnish labor,
Materials or supplies for the prosecution of the Work, furnish the CONTRACTOR
with a notice that he intends to look to the Bond for protection. A claimant who is
not in privity with the CONTRACTOR and who has not received payment for his
labor, Materials or supplies shall within ninety (90) days after performance of the
labor or completion of delivery of the Materials or supplies, or, with respect to
rental equipment, within 90 days after the date that the rental equipment was last
on the job site available for use, deliver to the CONTRACTOR and to the Surety
written notice of the performance of the labor or delivery of the Materials or
supplies and of the nonpayment. No action for the labor, Materials or supplies
may be instituted against the CONTRACTOR or the Surety on the bond after one
(1) year from the performance of the labor or completion of the delivery of the
Materials or supplies.
3. The Surety, for value received, hereby stipulates and agrees that its obligations
hereunder shall remain in full force and effect notwithstanding (i) amendments or
modifications to the Agreement entered into by OWNER and Principal without the
Surety's knowledge or consent, (ii) waivers of compliance with or any default
under the Agreement granted by OWNER to Principal without the Surety's
knowledge or consent, or (iii) the discharge of Principal from its obligations under
the Agreement as a result of any proceeding initiated under The Bankruptcy
Code of 1978, as the same may be amended, or any similar state or federal law,
or any limitation of the liability or Principal or its estate as a result of any such
proceeding.
4. Any changes in or under the Agreement or Contract Documents and compliance
or noncompliance with any formalities connected with the Agreement or the
changes therein shall not affect Surety's obligations under this Bond and Surety
hereby waives notice of any such changes. Further, Principal and Surety
acknowledge that the Sum of this Bond shall increase or decrease in accordance
with the Change Orders (unilateral and bilateral) or other modifications to the
Agreement or Contract Documents.
5. The Performance Bond and the Payment Bond and the covered amounts of each
are separate and distinct from each other.
00610 -2
PROJECT NO. IFB 11112 -17
IN WITNESS WHEREOF, this instrument is executed this the 7th day of
November , 2012
ATTEST:
Secretary (Pi cipal)
Southeast Drilling Services, I nc.
Principal (Contractor) _
By (Sig
,Sonya P Ziegler
Typed Name
(CORPORATE SEAL)
(Witness to Principal)
Typed Name and Title
Address
10614 E. US Highway 92
Tampa, FL 33610
City, State, Zip
813 - 968 -7277 813 - 443 -0530
Telephone No. Facsimile No.
Michael Whitman
Typed Name
ATTEST:
VLtIA \04J
(Surety) Satretary
Western Surety Company
Surety
Tracy Todd
Typed Name
407 - 919 - 3945 407 - 919 - 0530
Telephone No. Facsimile No.
(CORPORATE SEAL)
n
n
a
Witnes as to turety
By: ; ; - a
torney -i " -Fact
Mary Kay Stacey
Typed Name c--�—
I
Witness as to Surety
Sharon Taylor
Typed Name
Jenn ifer A Fava
Typed Name
11470 N 53rd Street
Address
Temple Terrace, FI 33617
City, State, Zip
813 - 988 - 1234 813 - 988 - 0989
Telephone No. Facsimile No.
00610 -3
PROJECT NO. IFB 11/12 -17
NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint
venture, all venturers shall execute the Bond. If CONTRACTOR is Partnership, all partners
shall execute Bond.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's
most current list (Circular 570 as amended) and be authorized to transact business in the State
of Florida, unless otherwise specifically approved in writing by OWNER.
ATTACH a certified Power -of- Attorney appointing individual Attorney -in -Fact for execution of
Performance Bond on behalf of Surety.
END OF SECTION
00610 -4
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Michael Wayne Rogers, Sharon Elaine Taylor, Jennifer A Fava, Individually
of Temple Terrace, FL, its true and lawful Attomey(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf
bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to
be hereto affixed on this 10th day of September, 2010.
�SUaErro WESTERN SURETY COMPANY
Mi j�s
f�SCA- P
O �
Paul . Bmflat, Senior Vice President
State of South Dakota
ss
County of Minnehaha
On this 10th day of September, 2010, before me personally came Paul T. Bruflat, tome known, who, being by me duly swom, did depose and say: that
he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and
which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was
so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
My commission expires +''%%%% %%%%%%%%%%%%%%%%%%% +
f D. KRELL f
November 30, 2012 i NOTARY PUBLIC sE t. i
j�SOUTH DAKOTAc i
+ ♦ \tihtititi ♦titi ♦titititi \•titi4tiyti +
CERTIFICATE
AjA 7��al
D. Krell, No Public
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By -Law of the corporation} not on the reverse he�rre9f is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this _ '" day of / V 4 yelm b c , 1120107— .
VAN �RErrc WESTERN SURETY COMPANY
r POq�`
Wi4�� '9F i^ v
t =
L. Nelson, Assistant Secretary
Form F4280 -09 -06
Authorizing By -Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders
of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile.
PROJECT NO. IFB 11/12 -17
Bond # 929452628
SECTION 00605
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that
Southeast D r i l l i n g Servi Tnc _
(Name of CONTRACTOR)
10ti14 E TTS Hiclhwa�z 92, Tampa, FT 3'1e10
(Address of CONTRA(fTOR)
a rc)rpora t i o n hereinafter called
(Corporation, Partnership or Individual)
Principal, and Western Surety Company
(Name of Surety)
P.O. Box 5077, Sioux Falls, SD 57117 -5077
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto 1)City of Sanford, Florida
hereinafter called OWNER, in the full and just Sum of Two hundred sixty seven thousand two
hu ndred dollars & 00 /xx DOLLARS ($ 267,200.00 ) in lawful money of the
United States, for the payment of which sum well and truly to be made, we bind ourselves,
successors, and assigns, jointly and severally, firmly by these presents. The sum shall not be
less than one hundred ten percent (110 %) of the Contract Price.
THE CONDITION OF THIS OBLIGATION is Bch th whepa , tl�e Principal entered into a
certain Agreement with the OWNER, dated the day of V °?za
a copy of wh.ich is hereto attached and made a part hereof for the construction of 22
Hidden Lakes Well 7 Replacement, Solicitation Number IFB 11/12 -17
1) Name of owner -City of Sanford, FI
2) Name of Project identified in Instructions to Bidders - Hidden Lakes Well 7 Replacement
This bond is being entered into to satisfy the requirements of Section 255.05, Florida Statutes
and the Agreement referenced above, as the same may be amended.
The Surety shall be bound by any and all alternative dispute resolution awards and settlements
to the same extent as CONTRACTOR is bound.
NOW, THEREFORE, the condition of this obligation is such that if Principal:
Promptly and faithfully performs its duties, all the covenants, terms, conditions,
and agreements of said Agreement including, but not limited to the insurance
provisions, guaranty period and the warranty provisions, in the time and manner
prescribed in the Agreement, and
00605 -1
PROJECT NO. IFB 11/12 -17
2. Pays OWNER all losses, damages, delay damages (liquidated or actual),
expenses, costs and attorneys' fees, including costs and attorney's fees on
appeal that OWNER sustains resulting directly or indirectly from any breach or
default by Principal under the Agreement, and
3. Satisfies all claims and demands incurred under the Agreement, and fully
indemnifies and holds harmless the OWNER from all costs and damages which it
may suffer by reason or failure to do so, then this bond is void; otherwise it shall
remain in full force and effect.
The coverage of this Performance Bond is co -equal with each and every obligation of
the Principal under the above referenced Agreement and the Contract Documents of which the
Agreement is a part.
In the event that the Principal shall fail to perform any of the terms, covenants and
conditions of the Agreement and the Contract Documents of which the Agreement is a part
during the period in which this Performance Bond is in effect, the Surety shall remain liable to
the OWNER for all such loss or damage.
In the event that the Surety fails to fulfill its obligations under this Performance Bond,
then the Surety shall also indemnify and hold the OWNER harmless from any and all loss,
damage, cost and expense, including reasonable attorneys' fees and costs for all trial and
appellate proceedings, resulting directly or indirectly from the Surety's failure to fulfill its
obligations hereunder. This subsection shall survive the termination or cancellation of this
Performance Bond.
The Surety stipulates and agrees that its obligation is to perform the Principal's work
under the Agreement under the Bond. The following shall not be considered performance under
the Bond: (i) Surety's financing of the Principal to keep Principal from defaulting under the
Contract Documents, (ii) Surety's offers to OWNER to buy back the Bond, and (iii) Surety's
election to do nothing under the Bond shall be construed as a material breach of the Bond and
bad faith by the Surety. The Surety agrees that its obligation under the bond is to: (i) take over
performance of the Principal's Work and be the completing Surety even if performance of the
Principal's Work exceeds the Principal's Contract Price or (ii)re -bid and re -let the Principal's
Work to a completing contractor with Surety remaining liable for the completing contractor's
performance of the Principal's Work and furnishing adequate funds to complete the Work. The
Surety acknowledges that its cost of completion upon default by the Principal may exceed the
Contract Price. In any event, the Principal's Contract Time is of the essence and applicable
delay damages are not waived by OWNER.
The Surety, for value received, hereby stipulates and agrees that its obligations
hereunder shall be direct and immediate and not conditional or contingent upon OWNER's
pursuit of its remedies against Principal, shall remain in full force and effect notwithstanding (i)
amendments or modifications to the Agreement entered into by OWNER and Principal without
the Surety's knowledge or consent (ii) waivers of compliance with or nay default under the
Agreement granted by OWNER to Principal without the Surety's knowledge or consent, or (iii)
the discharge of Principal from its obligations under the Agreement as a result of any
proceeding initiated under the Bankruptcy Code of 1978, as the same may be amended, or any
similar state or federal law, or any limitation of the liability or Principal or its estate as a result of
any such proceeding.
00605 -2
PROJECT NO. IFB 11/12 -17
,
Witness as to Sur y
By: 4 x w , � Z )
ttorney -i , .Fact
Mary Kay Stacey
Typed Name
-,4U aA-� :Z;�4
Witness as td Surety
Sharon Taylor
Typed Name
Jennifer A Fava
Typed Name
11470 N. 53rd Street
Address
Temple Terrace, FI 33617
City, State, Zip
813 - 988 -1234 813 - 988 -0989
Telephone No. Facsimile No.
NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint
venture, all venturers shall execute the Bond. If CONTRACTOR is partnership, all partners
shall execute the Bond.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's
most current list (Circular 570 as amended) and be authorized to transact business in the State
of Florida, unless otherwise specifically approved in writing by OWNER.
ATTACH a certified Power -of- Attorney appointing individual Attorney -in -Fact for execution of
Performance Bond on behalf of Surety.
END OF SECTION
00605 -4
PROJECT NO. IFB 11/12 -17
Any changes in or under the Agreement and Contract Documents and compliance or
noncompliance with any formalities connected with the Agreement or the changes therein shall
not affect Surety's obligations under this Bond and Surety hereby waives notice of any such
changes. Further, Principal and Surety acknowledge that the Sum of this Bond shall increase or
decrease in accordance with Change Orders (unilateral and bilateral) or other modifications to
the Agreement and Contract Documents.
The Performance Bond and the Payment Bond and the covered amounts of each are
separate and distinct from each other.
This Bond is intended to comply with the requirements of Section 255.05, Florida
Statutes, as amended, and additionally, to provide common law rights more expansive than as
required by statute. The Surety agrees that this Bond shall be construed as a common law
bond.
IN WITNESS WHEREOF, this instrument is executed this the 7th day of
November , 2012
ATTEST:
�-
Secretary (Pri cipal) 0 61
,ya P. Z eSa er
Typed Name
Southeast Drilling Services, Inc.
Principal (Contragtor)
(CORPORATE SEAL)
1�IZ� - -
'(Witness to Principal)
M. . IM ..
Tampa. FL 33610
City, State, Zip
813- 968 -7277 813- 443 -0530
Telephone No. Facsimile No.
Michael Whitman
Typed Name
ATT ST:
UN
(Surety) Secrigtary
Western Surety Company
Surety
Tracy Todd
Typed Name
(CORPORATE SEAL)
407 - 919 - 3945 407 - 919 - 053 0
Telephone No. Facsimile No.
00605 -3
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Michael Wayne Rogers, Sharon Elaine Taylor, Jennifer A Fava, Individually
of Temple Terrace, FL, its true and lawful Attomey(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf
bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to
be hereto affixed on this 10th day of September, 2010.
State of South Dakota 1
J l
County of Minnehaha ss
WESTERN SURETY COMPANY
S uaerr c
4r 0 ° s
Wl ,Z
�'�SEAb
Paul . Bruflat, Senior Vice President
On this 10th day of September, 2010, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say: that
he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and
which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was
so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
My commission expires �tititi�ti�ti♦tititititititititititia�tititi f
r D. KRELL r
November 30, 2012 i EAL NOTARY PUBLIC s i
j�SOUTH DAKOTAc i
+
CERTIFICATE
ALA k4_ew
D. Krell, Nolary Public
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By -Law of the corporation printed on the reverse hgeof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this day of AAA W4nhe r �Y� .
WESTERN SURETY COMPANY
+ .o
�� o t,POgg r `� ;e
Nb4 �^jD
W1 :
\SEAS. /
A TM pP
L. Nelson, Assistant Secretary
Form F4280 -09 -06
Authorizing By -Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders
of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile.